SCC upholds restrictions on media’s work
CONFIDENTIALITY
Rules forbid
Assuming ADR is
confidential is dangerous

PAGE 9

broadcasting audio recordings of court hearings

REDUCING SPAM
New anti-spam law
carries heavy penalties

PAGE 14

CRISTIN SCHMITZ OTTAWA

THE NEW TREND

In companion cases which affect the media’s coverage of trials nationwide, Canada’s top court has rejected a Charter bid by the media to throw off constraints on how they operate within Quebec court houses.

Justice Marie Deschamps’ 9-0 decisions in two appeals brought by CBC and other news outlets, affirm the constitutionality of provincial and court rules adopted in 2005 which forbid the broadcasting of audio recordings of Quebec Superior Court hearings, and which limit the media to certain designated spots, in Quebec courthouses’ hallways and other areas outside courtrooms, where they may film/video, take photos, and conduct interviews.

Justice Deschamps’ judgments on Jan. 28 also hold, for the first time, that the media’s access to court exhibits which have been entered into evidence, including video recordings, is protected by the Charter’s s. 2(b) guarantee of freedom of expression, which includes freedom of the press.

Therefore in the absence of statutory provisions on how exhibits are to be treated, “it is up

Montreal’s Jean François Jobin, counsel for the Attorney General of Quebec, calls the media rulings “a good compromise.”

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to the trial judge to decide” how exhibits can be used, Justice Deschamps stipulated.

The issue came before the court in the context of a request to broadcast an accused’s precharge video statement made to police which was entered into evidence at trial.

Counsel told The Lawyers Weekly the decisions will find application across the country, although they disagreed over what impact they will have.

Jean-François Jobin, co-coun-
sel with Marie-Ève Mayer and
Dominique A. Jobin for the co-
respondent Attorney General of
Quebec, opined that the deci-
sions reflect a balanced approach
to the intertwined principles of
open courts, freedom of the
press, trial fairness, and the
proper administration of justice.

“I would say that the result would be the same, for the reasons given by Justice Deschamps,” Jobin predicted.

But that opinion was vigorously disputed by Barry Landy of Montreal’s Spiegel Sohmer who, tion of cameras-in-trial-courts “was not pleaded, it just wasn’t

See CBC Page 3

Landy

Untitled-1 1

PAGE 20

THE LONG ROAD
The road to developing
client relationships

PAGE 21

BC law society to help struggling legal aid system find money

JEREMY HAINSWORTH VANCOUVER

Enhancing access to legal services issues will be a top priority for the Law Society of B.C. in the coming year, new president Gavin Hume told benchers at their Jan. 28 monthly meeting.

And, he said, part of that means finding funding for the province’s beleaguered legal aid system.

To that end, Hume said the
society is suggesting that funds
flowing from settlements or seiz-
ures under the Class Proceedings
Act, the Unclaimed Property Act
and the Civil Forfeiture Act be
directed toward legal aid.

“It means that most ministries can expect a reduction in their budgets in the coming year,” he said.

The funding suggestion was put to the benchers by the society’s Access to Legal Services Advisory Committee, saying the society

See LSBC Page 8

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